As reported here on Phil Cave’s Court-Martial Trial Practice blog, the Los Angeles Times is reporting here that the Marine Corps will no longer court-martial LtCol Chessani for his alleged failure to properly investigate the incident at Haditha. As we previously discussed here, the military judge in the case dismissed the charges against Lt Col Chessani without prejudice due to the appearance of unlawful command influence in that charging process. The Navy-Marine Corps Court largely upheld the trial judge’s ruling in an unpublished opinion. As discussed here, the Navy-Marine Corps Court subsequently denied reconsideration en banc. As discussed here, the Judge Advocate General of the Navy did not appeal that ruling further to CAAF.
The decision not to court-martial LtCol Chessani was reportedly made by LtGen George Flynn, the Commanding General of the Marine Corps Combat Development Command. A board of inquiry will be convened to determine whether LtCol Chessani will be retired as a major — though even if so, he would reportedly still receive a lieutenant colonel’s retirment pay.
Here’s a link to the North County Times’ report on the decision not to court-martial LtCol Chessani.